46 U.S.C. § 12107 — Wrecked vessels

Page 207 TITLE 46—SHIPPING § 12107 Subsec. (e)(2)(B), (C). Pub. L. 117–81, § 3511, redesig- nated subpar. (C) as (B) and struck out former subpar. (B), which read as follows: ‘‘PHASE-IN PERIOD.—During the period beginning January 1, 2019, and ending De- cember 31, 2021, the owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for such a certificate of documentation for such vessel or the renewal thereof.’’ 2018—Subsec. (e). Pub. L. 115–282 added subsec. (e). Statutory Notes and Related Subsidiaries CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS Pub. L. 114–120, title III, § 311, Feb. 8, 2016, 130 Stat. 57, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Feb. 8, 2016], the Sec- retary of the department in which the Coast Guard is operating shall issue regulations that— ‘‘(1) make certificates of documentation for rec- reational vessels effective for 5 years; and ‘‘(2) require the owner of such a vessel— ‘‘(A) to notify the Coast Guard of each change in the information on which the issuance of the cer- tificate of documentation is based, that occurs be- fore the expiration of the certificate; and ‘‘(B) [to] apply for a new certificate of docu- mentation for such a vessel if there is any such change.’’ § 12106. Surrender of title and number (a) IN GENERAL.—A documented vessel may not be titled by a State or required to display numbers under chapter 123 of this title, and any certificate of title issued by a State for a docu- mented vessel shall be surrendered as provided by regulations prescribed by the Secretary. (b) VESSELS COVERED BY PREFERRED MORT- GAGE.—The Secretary may approve the sur- render under subsection (a) of a certificate of title for a vessel covered by a preferred mort- gage under section 31322(d) of this title only if the mortgagee consents. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12106 .......... 46:12124. Editorial Notes PRIOR PROVISIONS A prior section 12106, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 98–454, title III, § 301(b), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, § 6(a)(2), (3), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101–225, title III, § 301(a)(6), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–380, title IV, § 4205, Aug. 18, 1990, 104 Stat. 533; Pub. L. 104–324, title VII, § 743, title XI, § 1113(d), Oct. 19, 1996, 110 Stat. 3942, 3971; Pub. L. 108–293, title VI, § 608(a), Aug. 9, 2004, 118 Stat. 1054, originally derived from section 65i of former Title 46, Shipping, related to coastwise endorsements, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12102, 12112, 12116, 12117, and 12119 of this title. § 12107. Wrecked vessels (a) REQUIREMENTS.—A vessel is a wrecked ves- sel under this chapter if it— (1) was wrecked on a coast of the United States or adjacent waters; and (2) has undergone repairs in a shipyard in the United States equal to at least 3 times the appraised salvage value of the vessel. (b) APPRAISALS.—The Secretary may appoint a board of three appraisers to determine whether a vessel satisfies subsection (a)(2). The costs of the appraisal shall be paid by the owner of the vessel. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12107 .......... 46 App.:14 (words be- fore last proviso). R.S. § 4136 (words before last proviso); Feb. 24, 1915, ch. 57, 38 Stat. 812; Pub. L. 103–182, title VI, § 686(a)(4), Dec. 8, 1993, 107 Stat. 2220. The words ‘‘The Secretary of Transportation may issue a certificate of documentation with a coastwise endorsement’’ and ‘‘when purchased by a citizen or citi- zens of the United States’’ are omitted as unnecessary because section 12112, as revised by the bill, provides the requirements for a wrecked vessel to obtain a coastwise endorsement. In subsection (c)(1), the words ‘‘or her possessions’’ are omitted as unnecessary because of the definition of ‘‘United States’’ in chapter 1 of the revised title. Editorial Notes PRIOR PROVISIONS A prior section 12107, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 100–239, § 6(a)(4), (5), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 101–225, title III, § 301(a)(7), Dec. 12, 1989, 103 Stat. 1921, originally derived from section 65j of former Title 46, Shipping, related to Great Lakes en- dorsements, prior to being repealed by Pub. L. 104–324, title XI, § 1115(a), Oct. 19, 1996, 110 Stat. 3972. A prior section 12108, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 98–454, title III, § 301(c), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, §§ 3(4), (5), 6(a)(6), Jan. 11, 1988, 101 Stat. 1779, 1782; Pub. L. 101–225, title III, § 301(a)(8), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 104–324, title III, § 301(e), title VII, § 744, Oct. 19, 1996, 110 Stat. 3917, 3942; Pub. L. 107–295, title IV, § 409, Nov. 25, 2002, 116 Stat. 2117, origi- nally derived from section 65k of former Title 46, Ship- ping, related to fishery endorsements, prior to being omitted in the general amendment of this chapter by Pub. L. 109–304. See sections 12102, 12113, and 12116 of this title. A prior section 12109, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 99–36, § 1(a)(7)(C), May 15, 1985, 99 Stat. 67; Pub. L. 99–570, title III, § 3151, Oct. 27, 1986, 100 Stat. 3207–94; Pub. L. 100–710, title I, § 106(b)(5), Nov. 23, 1988, 102 Stat. 4752; Pub. L. 101–225, title III, § 301(a)(9), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–595, title VI, § 603(9), Nov. 16, 1990, 104 Stat. 2993, originally derived from sec- tion 65l of former Title 46, Shipping, related to rec- reational endorsements, prior to being omitted in the general amendment of this chapter by Pub. L. 109–304. See section 12114 of this title. A prior section 12110, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 99–36, § 1(a)(7)(D), May 15, 1985, 99 Stat. 67; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(10), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 102–388, title III, § 348(b), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, § 5213(a)(2), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 104–324, title III, § 301(c), (d)(1), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 108–293, title IV, § 404(a), Aug. 9, 2004, 118 Stat. 1043, originally derived from section 65m of former Title 46, Shipping, related to limitations on operations author- ized by certificates, prior to being omitted in the gen- eral amendment of this chapter by Pub. L. 109–304. See sections 12102, 12114, and 12131 of this title. Page 208 TITLE 46—SHIPPING § 12108 § 12108. Authority to extend duration of vessel certificates (a) CERTIFICATES.—Provided a vessel is in com- pliance with inspection requirements in section 3313, the Secretary of the department in which in the Coast Guard is operating may, if the Sec- retary makes the determination described in subsection (b), extend, for a period of not more than 1 year, an expiring certificate of docu- mentation issued for a vessel under chapter 121. (b) DETERMINATION.—The determination re- ferred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to— (1) eliminate a backlog in processing appli- cations for such certificates; or (2) act in response to a national emergency or natural disaster. (c) MANNER OF EXTENSION.—Any extension granted under this section may be granted to in- dividual vessels or to a specifically identified group of vessels. (Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8320(a), Jan. 1, 2021, 134 Stat. 4701.) SUBCHAPTER II—ENDORSEMENTS AND SPECIAL DOCUMENTATION § 12111. Registry endorsement (a) REQUIREMENTS.—A registry endorsement may be issued for a vessel that satisfies the re- quirements of section 12103 of this title. (b) AUTHORIZED ACTIVITY.—A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. (c) CERTAIN VESSELS OWNED BY TRUSTS.— (1) NONAPPLICATION OF BENEFICIARY CITIZEN- SHIP REQUIREMENT.—For the issuance of a cer- tificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States. (2) REQUIREMENTS FOR TRUST TO QUALIFY.— (A) IN GENERAL.—Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if— (i) each trustee is a citizen of the United States; and (ii) the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a bene- ficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influ- ence or limit the exercise of the authority of the trustee with respect to matters in- volving any ownership or operation of the vessel that may adversely affect the inter- ests of the United States. (B) AUTHORITY OF NON-CITIZENS.—If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the inter- ests of the United States or in removing a trustee for a trust without cause, either di- rectly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instru- ment provides that persons who are not citi- zens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee. (C) OWNERSHIP BY NON-CITIZENS.—Subpara- graphs (A) and (B) do not prohibit a person that is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust. (3) CITIZENSHIP OF PERSON CHARTERING VES- SEL.—If a person chartering a vessel from a trust that qualifies under paragraph (2) is a citizen of the United States under section 50501 of this title, the vessel is deemed to be owned by a citizen of the United States for purposes of that section and related laws, ex- cept chapter 531 of this title. (d) ACTIVITIES INVOLVING MOBILE OFFSHORE DRILLING UNITS.— (1) IN GENERAL.—Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in— (A) the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile offshore drilling unit that is located over the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a))); or (B) the transportation of merchandise or personnel to or from a point in the United States from or to a mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed. (2) COASTWISE TRADE NOT AUTHORIZED.—Noth- ing in paragraph (1) authorizes the employ- ment in the coastwise trade of a vessel that does not meet the requirements of section 12112 of this title. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494; Pub. L. 109–241, title III, § 310, July 11, 2006, 120 Stat. 529; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(1), (b), Jan. 28, 2008, 122 Stat. 600, 601.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12111(a) ...... 46:12105(a). 12111(b) ...... 46:12105(b). 12111(c) ...... 46:12102(d). Editorial Notes PRIOR PROVISIONS A prior section 12111, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, § 103(a), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 104–324, title III, § 301(d)(2)(A), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 107–295, title II, § 205(c), Nov. 25, 2002, 116 Stat. 2096, originally derived from section 65o of former Title 46, Shipping, related to surrender and invalidation of certificates of docu- mentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12135 and 12136 of this title.